Nicky75

Hi there my ex partner is moving to Australia & has asked
Me to sign 1229 concent form what does this form for
To travel to & from a Australia without applying for holiday visa or is it to stay in Australia?
Any help would be great thanks

moneypenny20

He's asking your permission to take your child out of the country either temporarily or permanently. Which it is only he would know if he's not told you.

Nicky75

He said its for my son to visit but told me not to tick any boxes just yet ?

BEVS

He is your ex. You don't do as he states. You only do this if in your joint son's best interest.

Stay calm , talk here and think it all through.

Nicky75

I'm just trying to understand what it is i would be signing .

moneypenny20

If you sign it you are giving permission. If he hasn't ticked which box - permanent/temporary/both then don't sign it. Obviously have no idea of the arrangement you have but if have any sort of relationship with your son and you sign with the boxes unticked and he then ticks the permanent box, you are possibly not going to see your son again.

If your ex is moving to Australia you will also have to give your permission for the child to have a medical regardless of whether the child accompanies him or not. You can refuse this.

You need a lot more information from the father before you go near the form. You may even, at some point, need a solicitor if you are opposed to your son being added to his father's visa application.

BEVS

Hold on then.

People will be along to help you with that.

You do not sign until you are fully aware is what I am saying.

Has your ex not told you what this means?

Nicky75

No he hasn't that's why I'm trying to find as much information as possible. I don't want to stop him from visiting his dad but need to know what I'm consenting to

moneypenny20

If he won't tick the boxes until you've signed, I'd be suspicious. Your son can easily visit his dad with an ETA (Electronic Travel Authority) A holiday visa in effect, he doesn't need to be on his dad's visa. Do you share custody or does one or other of you have sole custody with the other having visitation rights?

Nicky75

Thanks moneypenny 20 what information should I ask for
Just want as much help has possible I've been to a solicitor & citizens advice but weren't very helpful just give me the embassy number which i can't get though to
All I know is he'still moving next March.

Nicky75

My son lives with me see's his dad once a week .
We haven't been to court or anything that thats .

spouse of scouse

Hi Nicky, I'm assuming you live in the UK? You've had some excellent advice here. The fact that your ex-partner is asking you to sign the consent form and telling you not to tick 'temporary' or 'permanent' is a huge red flag. You can obtain free legal advice from a solicitor or barrister by telephone from this organisation
Family law - Rights of WomenRights of Women

Please, don't sign anything until you've received professional advice and fully understand all the implications of signing anything at all to do with your son.

Edit, I've just seen that you've already talked with a solicitor and citizens advice bureau. Do call the people in the above link and let us know if they could help you.

Nicky75

Thank you for your help I'll call them today.

moneypenny20

How does he know he's moving next March, does he already have a visa? He can't take your son unless you agree. As I said before, if he wants to include your son on his visa (which is why I'm confused with the moving in March bit) he would have to get your agreement for your son to have a medical. If you refuse, he can go to the courts to either make you or to confirm that you won't allow it.

If he just wants your son on his application because DIBP ask that every dependent be mentioned even if they're not moving then that's something else. It just means that the details are in the system in case at some later date your son decides he wants to live with dad, it's easier to accomplish.

It's not worth phoning the Australian High Commission. The people who answer the phones more often than not, have no clue on basic info and Case Officers will only discuss an ongoing case via email with the applicant.

You need to find out exactly what visa your ex is getting, why he wants your son included, what he intends to do if you won't allow your son to be included and how he intends either having your son visit him or him going back to the UK to visit your son. If you were to allow your son to move over with your ex, he needs to confirm in writing how he's going to finance you going over to visit or how many times a year he's going to pay for your son to visit you.

He might be applying for a 457 which is a temporary visa for four years but can be extended once the term is up. Temporary in this respect is not a couple of weeks here and there.

Once you have this information and you know what your decision is, then it's worth getting a solicitor if your decision is that you won't allow your son to go. Your ex can start court proceedings against you. That is a long drawn out affair and could prevent your ex from moving in March. Lots of what ifs, hows and whys to sort out.

There are lots of threads on here dealing with exes refusing permission but I think you're the first from the other side of the fence ie not the person trying to move and take the kids away from the ex remaining in the UK.

old.sparkles

Hey Nicky.

If it were me I wouldn't sign the form full stop. I don't think the form needs to be signed for a non-migrating dependent, so it shouldn't be needed. Maybe contact a MARA agent to talk over what's needed, as they understand migration law, visa applications, etc. There are a few good ones who post on here - TEETMI, Alan Collett of Go Matilda, George Lombard.

Don't sign any forms until you have the correct advice